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TERMS OF SERVICES

THE AGREEMENT: The use of this website and services on this website provided by ElleActiv (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

1) DEFINITIONS

“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website.

“We”, “us” and “our” are references to ELLEACTIV.COM.

“User”, “You” and “your” denotes the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website.

” Website” shall mean and include elleactiv.com and any successor Website of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

2) ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

  • YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

  • LIMITATIONS OF OUR LIABILITY TO YOU; AND

  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ELLEACTIV.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

3) AGE RESTRICTION

You must be at least 13 (Thirteen) years of age to use this Website, or any Services contained herein. By using this Website, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.

4) ORDERING

  • All the purchases from this website shall be governed by our terms and conditions.

  • If you make an Order for buying any product from our website. At the time of order, while providing your details you must be careful and warrant that the details provided are true and accurate.

  • Payment mode shall be:

  1. Online: Credit Cards and Debit cards.

  2. Stripe

  • You will need to register on the site with information about yourself that is accurate, current, and complete. The password you provide should be kept secure and you must notify us of any breach of security or unauthorized use of your account.

  • You place an order on the site by adding your selected item(s) to the shopping bag and proceeding to checkout. Items in your shopping bag are not reserved and may be purchased by another customer. Please read and check your order carefully before submitting it.

  • Payment will be collected immediately upon completion of the payment process and an email will be sent to confirm your order. Another email will be sent a later day to confirm the details of the delivery of your product.

  • In any case of exception, we may contact you to say that we do not accept your order. This is typically for the following reasons:

  1. the digital products are unavailable;(due to discontinuation of the plan etc.)

  2. we cannot authorize your payment.

  3. you are not allowed to buy the digital products from us.

  4. we are not allowed to sell the digital products to you.

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  • There has been a mistake in the pricing or description of the digital products.

  • In such a scenario we will be sending you a mail to confirm that your order has not been accepted and your payment will be transferred back to you within the next 24 hours from this mail.

  • Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online, we will provide you an email to confirm that we have received it.

  • If there is an error in the order confirmation, please contact us immediately by email.

  • We may refuse or be unable to process your order if Your card or Stripe account does not give authorization for the payment of purchase price.

  • You do not meet the eligibility to order criteria set out above.

  • You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted, you will be informed of this in writing along with the reasons.

  • We take customer feedback very seriously and use it to constantly improve our digital products and quality of service.

5) LICENSE TO USE WEBSITE

We may provide you with certain information because of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.

6) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of ElleActiv, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

  • To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website ("Your Content"). We claim no further proprietary rights in your Content.

  • If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

7) INDEMNIFICATION

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.

8) EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

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Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the elleactiv.com Website including loss of data or information or any kind of financial or physical loss or damage.

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In no event shall ElleActiv, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

9) THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our Website.

10) NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

11) LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

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